A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The Defendant is a “B religious organization”. On September 12, 2013, the Defendant received a notice of enlistment in active duty service under the name of the Gyeonggi-do Branch of Military Manpower Branch Office, stating that he will be enlisted in the army in the Gyeonggi-do Branch of Military Manpower Administration located in 76 on October 29, 2013, in the enlistment of the Gyeonggi-do Branch of Military Manpower Office and in the enlistment of active duty service in the 102 supplement located in Gangwon-do, Gangwon-do, Gangwon-do, and did not, without justifiable grounds,

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the interrogation records of the accused by the prosecution;

1. A written accusation;

1. Application of statutes of the notice for enlistment in active duty service;

1. The Defendant asserts that the Defendant’s assertion as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act constitutes “justifiable cause” under Article 88(1) of the Military Service Act, where the Defendant, as the believers of “B religious organizations”, refused enlistment according to that religious conscience constitutes “justifiable cause”.

However, "justifiable cause" in the above legal provision is, in principle, premised on the existence of abstract military service and the confirmation of its performance itself, but it should be deemed that there is a reason that can justify the non-performance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, i.e., disease, etc., as long as there is no reason attributable to the non-performance

In addition, the above legal provision was prepared to embody the duty of national defense of the most fundamental citizen, and it seems clear that if the duty of military service is not fulfilled properly and the national security is not performed, the dignity and value as a human being cannot be guaranteed. Thus, the duty of military service ultimately is to ensure the dignity and value as a human being of all citizens, and the freedom of conscience of conscientious objectors cannot be said to be superior value to the above constitutional legal interests. Thus, for the above constitutional legal interests, Article 37(2) of the Constitution is required.